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Proposal for tax exemption for damaged materials, returned and destroyed products.
Reply:
According to the General Department of Customs, presently, the provisions on tax treatment for damaged raw materials, supplies, returned and destroyed goods of processed and exported goods are differentiated.
Specifically, for exported processed goods at Point e, Clause 1, Article 10 of Decree 134/2016 / ND-CP stipulating imported goods for processing but allowed to be destroyed in Vietnam and actually destroyed. import tax.
For export production goods, the General Department of Customs issued Official Letter No. 8127 / TCHQ-TXNK dated December 13, 2017 guiding the provincial and municipal Customs Departments. Accordingly, regarding import duties, provincial and municipal customs departments shall comply with Clause 7, Article 16 of the Law on Export Tax and Import Tax No. 107/2016 / QH13 and Article 12 of Decree 134/2016 / ND-CP of the Government. .
If goods are imported raw materials, supplies or components that are no longer in use, they must be destroyed, imported raw materials, supplies and components have been brought in. If they produce semi-finished products or finished products but are damaged, they must be destroyed and must declare and pay import tax (except for discarded materials and faulty products collected during the production process, which are within the actual norms in accordance with Article 55 Circular 38/2015 / TT-BTC amended and supplemented in Clause 35 Article 1 of Circular 39/2018 / TT-BTC stipulates that the actual production norm is the actual amount of raw materials and supplies used. to process and produce a unit of export products, enterprises are exempt from import tax).
According to: Customs Department